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If a non-parent is seeking custody of the child, then both of the child's parents must be served. There are no filing fees in Family Court.For child custody, the rights of both parents are considered. The second method for getting custody is called nonparent custody, which is also called "in loco parentis" custody. When there's no custody order, custodial rights typically go to whoever the state recognizes as a legal parent of the child. To begin a non-dissolution custody action, you'll complete a Verified Complaint. Nonparents with a close relationship with a child may be able to file for custody. When a couple has a child together, there is no custody order. Non-parent custody is usually granted in emergencies, such as when both parents are incarcerated, incapacitated, or deceased. How to Finalize Your Non-Parental Custody Case by.